Section 18 in The Mizoram Autonomous District Council (Constitution and Conduct of Business of the District Councils) Rules, 1974
18. Disqualification for membership.
(1)A person shall be disqualified for being elected as and for being member of the District Council of an Autonomous District-(a)if he is a salaried servant of the Government of India or the Government of any State specified in the First Schedule to the Constitution or is an employee of a District Council;(b)if he is of unsound mind and stands so declared by a competent Court or such other authority as may be recognised by the Administrator;(c)if he is not a citizen of India or has not voluntarily acquired a citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state;(cc)if and for so long as, there subsists a contract entered into by him in the course of his trade or business with the District Council for the supply of goods to, or for the execution of any works undertaken by, the District Council;Explanation. - For the purposes of this clause, where a contract has been fully performed by the person by whom it has been entered into with the District Council the contract shall be deemed not to subsist by reason only of the fact that the District Council has not performed its part of the contract either wholly or in part;(d)if whether before or after the commencement of these rules, he has been convicted, or has in proceedings of questioning the validity or regularity of an election been found to have been guilty of any offence or corrupt or illegal practice which has been declared by Rule 208 or Rule 209 to be an offence or practice entailing disqualification for membership of the District Council of an Autonomous District unless such period has elapsed as has been provided in that behalf in the said Rule 208, Rule 209 as the case may be.(e)if he is an undischarged insolvent;(f)if, whether before or after the commencement of these Rules, he has been convicted by a Court in India of any offence and sentenced to transportation for not less than two years unless a period of 5 (five) years, or such less period the Administrator may allow in any particular case has elapsed since release:(g)if having been nominated as candidate for a District Council of Autonomous District or having acted as election agent of any person so nominated, has failed to lodge a return of election expenses within the time and in the manner prescribed in Rule 174 unless 3 years have elapsed from the date on which the return ought to have been lodged or the Administrator has removed the disqualification;(h)if having held any offence under the Government of India or the Government of any State or the District Council of any Autonomous District, he has, whether before or after the commencement of these rules, been dismissed for corruption or disloyalty to the state unless a period of five years has elapsed since his dismissal:Provided that-(i)a disqualification under Clause (e) or Clause (f) of this sub-rule shall not in the case of a person who become so disqualified by virtue of conviction or a conviction and a sentence and is at the date of disqualification a member of the District Council of an Autonomous District, take effect until 3 months have elapsed from the date of such disqualification or if within these 3 months, an appeal or petition for revision is brought in respect of the conviction or the sentences, until that appeal or petition is disposed of.(ii)a disqualification under Clause (g) of this sub-rule shall not take effect until the expiration of two months from the date by which the return of election expenses ought to have been lodged or of such longer period as the Administrator may in any particular case allow.(iii)the disqualification under Clause (h) of this sub-rule may, in the case of any of the candidate for the first election under these rules be removed by the Administrator for reasons to be recorded by him in writing.(2)For the purpose of this rule a person shall not be deemed to be an employee of District Council by reason only of his being a member of the Executive Committee of the District Council.(3)Nothing in these Rules shall restrict the power of the Administrator to nominate a person who is a salaried servant as defined in sub-rule (1) (a) to be a member of the District Council or an Autonomous District.
